Mix v. Royal Insurance
Supreme Court of Pennsylvania
Appeal, No. 213, Jan. T., 1895, by defendant, from judgment of C. P. Elk Co., on verdict for plaintiff. Assumpsit on policy of fire insurance. Before Mayer, P. J. At the trial it appeared that the policy sued upon was issued to plaintiff, Cora E. Mix. Plaintiff put in evidence a deed, showing a conveyance of the property insured to “Cora E. Mix, in trust for Warren Mix.”
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Appeal, No. 213, Jan. T., 1895, by defendant, from judgment of C. P. Elk Co., on verdict for plaintiff. Assumpsit on policy of fire insurance. Before Mayer, P. J. At the trial it appeared that the policy sued upon was issued to plaintiff, Cora E. Mix. Plaintiff put in evidence a deed, showing a conveyance of the property insured to “Cora E. Mix, in trust for Warren Mix.” At the close of plaintiff’s case defendant moved for a nonsuit because the deed offered by plaintiff showed that she was simply a trustee for the property. The court overruled the motion, and permitted the plaintiff and two…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The first five assignments raise practically but one question, and that is, the effect of the words, “in trust for Warren Mix,” in the plaintiff’s deed, upon her right to recover on the policy in suit. ■ It was alleged and proved by the plaintiff by the testimony of two witnesses, other than herself, that these words were not in the deed when it was executed and delivered. One of the witnesses was the grantor in the deed and the other the scrivener who wrote it. The question raised by the proof was not a question of reformation of the deed, it -was simply a…
2Cases cited3 opinions
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- McFarland v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
- State Insurance Co. of Missouri v. ToddSupreme Court of Pennsylvania · 1877
3Cited by6 opinions
- Evans v. Metropolitan Life Ins. Co.Supreme Court of Pennsylvania · 1928
- First National Bank v. Home InsuranceSupreme Court of Pennsylvania · 1922
- Hottner v. Aachen & Munich Fire InsuranceSuperior Court of Pennsylvania · 1906
- Security Ins. Co. of New Haven v. DazeyCourt of Appeals for the Seventh Circuit · 1935
- Stewart v. General Accident Insurance Co. of PhiladelphiaSuperior Court of Pennsylvania · 1909
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